People v. Saephanh

94 Cal. Rptr. 2d 910 (2000)

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Nature of the Case

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Facts

Cassandra became pregnant with D's child. While D was in prison, she informed D of her pregnancy. While still incarcerated, D wrote a letter dated May 22, 1998, to his friend and fellow gang member Cheng Saechao, also known as O. Dee. The letter stated, 'By the way loc, could you & the homies do me a big favor & take care that white bitch, Cassie for me. ha, ha, ha!! Cuzz, it's too late to have abortion so I think a miss carrage would do just fine. I aint fista pay child sport for this bull-shit loc. You think you can get the homies or home girls do that for me before she have the baby on Aug. '98' The investigative unit reviews inmate correspondence placed in the institution's mail system. According to Officer Lawrence, she opened and read the letter D had written. She immediately notified her supervisor, Sergeant Basinger. The letter was thus intercepted by the institution's internal investigative unit and never reached the addressee. D admitted writing the letter and that he was serious when he wrote it. D was thinking that if Cassandra did not let him be a part of the baby's life, he wanted to 'get rid of the baby.' D did not want to pay child support. D expected Saechao and other gang members to punch Cassandra in the stomach during a fight or have her fall, thereby causing a miscarriage. D was convicted of solicitation for murder and appealed. D asserts that California's solicitation statute requires proof of a completed communication.